[Federal Register Volume 67, Number 86 (Friday, May 3, 2002)]
[Rules and Regulations]
[Pages 22354-22359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10873]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[PA-131-4090a; FRL-7205-6]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Pennsylvania; Control of 
Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the Commonwealth 
of Pennsylvania 111(d)/129 plan (the ``plan'') for the control of air 
pollutant emissions from hospital/medical /infectious waste 
incinerators (HMIWIs). The plan was developed and submitted to EPA by 
the Pennsylvania Department of Environmental Protection (PADEP), Bureau 
of Air Quality, on October 26, 1998, and as amended on December 3, 
1999, May 4, August 9, and October 22, 2001. The plan covers all 
affected facilities in the geographic area of the Commonwealth of 
Pennsylvania, except for Allegheny County where designated facilities 
are regulated under the Allegheny County Health Department HMIWI 
111(d)/129 plan, approved by EPA on April 7, 2000, and amended on May 
26, 2000. Also, EPA is approving the PADEP requested delegation of the 
increments of progress and compliance schedules promulgated under the

[[Page 22355]]

August 15, 2000, Federal HMIWI 111(d)/129 plan (65 FR 49868).

DATES: This final rule is effective June 17, 2002 unless by June 3, 
2002 adverse or critical comments are received. If adverse comment is 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register and inform the public that the rule will not 
take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; 
and the Pennsylvania Department of Environmental Protection, Bureau of 
Air Quality, Rachel Carson State Office Building, 400 Market Street, 
Harrisburg, Pennsylvania 17105-8465.

FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 814-2190, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

    This document is divided into Sections I through V and answers 
the questions posed below.

I. General Provisions

    What action is EPA approving?
    What is a State/local 111(d)/129 plan?
    What is a Federal 111(d)/129 plan?
    What pollutant(s) will this action control?
    What are the expected environmental and public health benefits 
from controlling HMIWI emissions?

II. Federal Requirements the Pennsylvania HMIWI 111(d)/129 Plan Must 
Meet for Approval

    What general requirements must the PADEP meet in order to 
receive approval of its HMIWI 111(d)/129 plan?
    What does the Pennsylvania plan contain?
    Does the Pennsylvania plan meet all EPA requirements for 
approval?

III. Requirements Affected HMIWI Owners/Operators Must Meet

    How do I determine if my HMIWI is a designated facility subject 
to the Pennsylvania 111(d)/129 plan?
    What general requirements must I meet under the approved EPA 
111(d)/129 plan?
    What emissions limits must I meet, and in what time frame?
    Are there any operational requirements for my HMIWI and air 
pollution control system?
    What are the testing, monitoring, recordkeeping, and reporting 
requirements for my HMIWI?
    What must be included in my Waste Management Plan (WMP), and 
when must it be completed?
    Is there a requirement for obtaining a Title V permit?

IV. Final EPA Action

V. Administrative Requirements

I. General Provisions

    Q. What action is EPA approving?
    A. EPA is approving the Commonwealth of Pennsylvania 111(d)/129 
plan (the ``plan'') for the control of air pollutant emissions from 
hospital/medical/infectious waste incinerators (HMIWIs). The plan was 
developed and submitted to EPA by the Pennsylvania Department of 
Environmental Protection (PADEP), Bureau of Air Quality, on October 26, 
1998, and as amended on December 3, 1999, May 4, August 9, and October 
22, 2001. Also, EPA is approving the requested delegation of the August 
15, 2000 Federal HMIWI 111(d)/129 plan (65 FR 49868) increments of 
progress and compliance schedules. The plan covers all affected 
facilities in the geographic area of the Commonwealth of Pennsylvania, 
except for Allegheny County where affected facilities are regulated 
under the Allegheny County Health Department HMIWI 111(d)/129 plan, 
approved (65 FR 18249 and 34104) by EPA on April 7, 2000, and amended 
(65 FR 340104) on May 26, 2000.
    Q. What is a State/local 111(d)/129 plan?
    A. Section 111(d) of the Clean Air Act (CAA) requires that 
``designated'' pollutants, controlled under standards of performance 
for new stationary sources by section 111(b) of the Clean Air Act 
(CAA), must also be controlled at existing sources in the same source 
category to a level stipulated in an emission guidelines (EG) document. 
Section 129 of the CAA specifically addresses solid waste combustion 
and emissions controls based on what is commonly referred to as 
``maximum achievable control technology'' (MACT). Section 129 requires 
EPA to promulgate a MACT based emission guideline (EG) document for 
HMIWIs, and then requires states to develop 111(d)/129 plans that 
implement the EG requirements. The HMIWI EG under 40 CFR part 60, 
subpart Ce, establish emission and operating requirements under the 
authority of the CAA, sections 111(d) and 129. These requirements must 
be incorporated into a State/local 111(d)/129 plan that is ``at least 
as protective'' as the EG, and is Federally enforceable upon approval 
by EPA.
    The procedures for adoption and submittal of State plans are 
codified in 40 CFR part 60, subpart B. Additional information on the 
submittal of State plans is provided in the EPA document, ``Hospital/
Medical/Infectious Waste Incinerator Emission Guidelines: Summary of 
the Requirements for section 111(d)/129 State Plans, EPA-456/R-97-007, 
November 1997''.
    Q. What is a Federal 111(d)/129 plan?
    A. As required by section 129(b)(3) of the CAA, on August 15, 2000, 
EPA promulgated a Federal plan for HMIWIs for which construction 
commenced on or before June 20, 1996. The Federal plan is a set of MACT 
requirements that implement the 1998 HMIWI emission guidelines. The 
Federal plan is applicable to those existing HMIWIs not specifically 
covered by an approved State plan under sections 111(d) and 129 of the 
CAA. It fills an EPA EG enforceablilty gap until state plans are 
approved and assures that the HMIWI units stay on track to complete 
pollution control equipment retrofits and other requirements on or 
before the statutory compliance date of September 15, 2002. This 
compliance date is based on the September 15, 1997 EG promulgation date 
and the requirements of section 129(f)(2) of the CAA. The Federal plan 
no longer applies once a state plan is fully approved. Unlike a Federal 
plan for sources regulated under sections 110 or 172 of the CAA, the 
section 111(d)/129 Federal plan imposes no statutory or other sanctions 
because of deficient or unapproved state plans. However, EPA approval 
of a state plan does not void or negate the need for affected sources 
to achieve expeditious compliance as required under section 129(f)(2) 
of the CAA, and the Federal plan compliance schedules. Approval of the 
subject Pennsylvania plan will be the first step in the removal of 
Pennsylvania from the list of states that are now subject to Federal 
plan requirements.
    Q. What pollutant(s) will this action control?
    A. The September 15, 1997 promulgated EG, subpart Ce, are 
applicable to all existing HMIWIs (i.e., the designated facilities) 
that emit organics (dioxins/furans), carbon monoxide, metals (cadmium, 
lead, mercury), acid gases (hydrogen chloride, sulfur dioxide, and 
nitrogen oxides) and particulate matter. This action establishes 
emission limitations for each of these pollutants, including an opacity 
limitation.
    Q. What are the expected environmental and public health benefits 
from controlling HMIWI emissions?
    A. HMIWI emissions can have adverse effects on both public health 
and the

[[Page 22356]]

environment. Dioxin, lead, and mercury can bioaccumulate in the 
environment. Exposure to dioxins/furans has been linked to reproductive 
and developmental effects, changes in hormone levels, and chloracne. 
Respiratory and other effects are associated with exposure to 
particulate matter, sulfur dioxide, cadmium, hydrogen chloride, and 
mercury. Health effects associated with exposure to cadmium, and lead 
include probable carcinogenic effects. Acid gases contribute to the 
acid rain that lowers the pH of surface waters and watersheds, harms 
crops and forests, and damages buildings. Implementation of the 
emissions control measures required under the Pennsylvania (PA) plan 
will help mitigate most of the noted adverse environmental and public 
health impacts associated with the operation of HMIWI units.

II. Federal Requirements the Pennsylvania HMIWI 111(d)/129 Plan 
Must Meet for Approval

    Q. What general requirements must the PADEP plan meet in order to 
receive approval of its 111(d)/129 plan?
    A. The plan must meet the requirements of 40 CFR part 60, subparts 
B, and Ce; and the Federal plan, 40 CFR part 62, subpart HHH. Subpart B 
specifies detailed procedures for the adoption and submittal of State 
plans for designated facilities. The EG, subpart Ce, and the related 
new source performance standard (NSPS), subpart Ec, both promulgated on 
September 15, 1997, contain the requirements for the control of 
specific designated pollutants in accordance with sections 111(d) and 
129 of the CAA. Subpart Ce cross-references applicable provisions of 
subpart Ec, related to compliance and performance testing, monitoring, 
reporting, and recordkeeping. State plans, approved after the 
promulgation date of the Federal plan, must include expeditious 
compliance schedules that are no less stringent than those in the 
Federal plan. In summary, the Pennsylvania plan must meet the 
requirements of (1) 40 CFR part 60, subpart B, Secs. 60.23 through 
60.26; (2) 40 CFR part 60, subpart Ce, Secs. 60.30e through 60.39e, and 
related subpart Ec provisions, as noted above; and (3) part 62, subpart 
HHH, enforceable compliance dates and increments of progress. In 
addition, any State requesting delegation of authority under the 
Federal plan must demonstrate that it has adequate resources and the 
legal authority to administer and enforce the program. The PADEP has 
made the required demonstration with respect to the task of 
implementing the cited Federal plan compliance schedules.
    Q. What does the Pennsylvania plan contain?
    A. Consistent with the requirements of subparts B, Ce, Ec and HHH, 
the plan contains the following elements:
    1. A demonstration of Pennsylvania's legal authority to implement 
the plan;
    2. Identification of the enforceable mechanism(s)--Federally 
enforceable state operating permits, Federally enforceable state plan 
approvals, and Title V operating permits;
    3. Source and emission inventories, as required;
    4. Emission limitation requirements that are no less stringent than 
those in subpart Ce;
    5. Source compliance schedules, including increments of progress, 
no less stringent than those stipulated in subpart HHH;
    6. Source testing, monitoring, recordkeeping, and reporting 
requirements;
    7. HMIWI operator training and qualification requirements;
    8. Requirements for development of a Waste Management Plan;
    9. Records of the public hearing on the PA plan;
    10. Provision for PADEP submittal to EPA of annual reports on 
progress in plan enforcement; and
    11. A Title V permit application due date (if permit not issued).
    The emission standards and other applicable requirements, including 
Federally enforceable compliance schedules and increments of progress 
will be enforced through either the Federally enforceable plan 
approvals (i.e., construction permits), operating permits, or Title V 
permits issued under 25 Pa. Code Chapter 127, subchapters B, F, and G, 
respectively.
    Q. Does the Pennsylvania 111(d)/129 plan meet all EPA requirements 
for approval?
    A. Yes. The PADEP has submitted a plan that conforms to all EPA 
requirements--40 CFR part 60, subparts B, Ce, Ec, including the 
expeditious compliance schedule requirements of 40 CFR part 62, subpart 
HHH. Details regarding the approvability of the plan elements are 
included in the technical support document (TSD) associated with this 
action. A copy of the TSD is available, upon request, from the EPA 
Regional Office listed in the ADDRESSES section of this document.

III. Requirements Affected HMIWI Owners/Operators Must Meet

    Q. How do I determine if my HMIWI is a designated facility subject 
to the Pennsylvania 111(d)/129 plan?
    A. If construction commenced on your HMIWI on or before June 20, 
1996, then it is subject to the plan. The plan contains no lower 
applicability threshold based on incinerator capacity. However, there 
are designated facility exemptions, as referenced in 40 CFR part 60, 
subpart Ce, section 60.32e. These exemptions include incinerators that 
burn only pathological, low level radioactive, and/or chemotherapeutic 
waste; co-fired combustors; incinerators permitted under section 3005 
of the Solid Waste Disposal Act; municipal waste combustors (MWC) 
subject to a Clean Air Act combustor rule; pyrolysis units; and cement 
kilns.
    Q. What general requirements must I meet under the approved EPA 
111(d)/129 plan?
    A. The PADEP plan contains enforceable mechanisms that include 
operating permits, plan approvals (i.e., construction permits), and 
Title V permits. These permits establish the following requirements:
     Emission limitations for particulate matter (PM), opacity, 
carbon monoxide (CO), dioxins/furans (CDD/CDF), hydrogen chloride 
(HCl), sulfur dioxide (SO2), nitrogen oxides 
(NOX), lead (Pb), cadmium (Cd), and mercury (Hg)
     Compliance and performance testing
     Operating parameter limitations and monitoring
     Operator training and qualification
     Development of a waste management plan
     Recordkeeping and reporting
     Title V permit application submittal date (if an 
application has not been submitted)
    A full and comprehensive statement of the above requirements is 
incorporated in each of the submitted HMIWI air quality permits.
    Q. What emissions limits must I meet, and in what time frame?
    A. The pollutant emission limitations and compliance schedules are 
stipulated in your PADEP facility air quality permit that was submitted 
to EPA as part of the 111(d)/129 plan. Your 111(d)/129 plan emission 
limitations are determined by the size category of your HMIWI unit--
small, medium, or large. HMIWI size categories are defined in subpart 
Ec, Sec. 60.51, and are determined by either the ``maximum design waste 
burning capacity,'' or by the ``maximum charge rate.''
    Since PADEP's initial submittal of its plan, EPA has promulgated a 
Federal plan (40 CFR part 62, subpart HHH) that contains expeditious 
compliance schedules and increments of progress. As a result, the 
Federal plan, promulgated on August 15, 2000, may

[[Page 22357]]

contain more stringent compliance schedules than what is now required 
under your PADEP air quality permit. This is because some permit 
compliance schedules are linked to EPA's approval of the Pennsylvania 
111(d)/129 plan. As a result, some exiting permit schedules may now be 
no longer expeditious and consistent with CAA section 129(f)(2) 
requirements. Accordingly, in order to meet the requirements of section 
129(f)(2), the PADEP has requested EPA authority to implement the 
Federal plan's (65 FR 49868) increments of progress and compliance 
schedules. As noted above, EPA is granting the requested authority.
    If you chose to continue operating your HMIWI rather than shut it 
down, then you must install an emissions control system or make process 
changes in order to meet the maximum available control technology 
(MACT) emission limitations for the pollutants identified in the 
previous answer above. As a HMIWI owner/operator, you must either (1) 
achieve compliance on or before August 15, 2001, or (2) meet certain 
specific increments of progress and achieve compliance by September 15, 
2002, the statutory compliance date, based on the requirements of the 
CAA Section 129(f)(2). The delegated PA plan increments of progress for 
the noted extended compliance date are given in the table below.

    Extended Compliance Schedule and Increments of Progress Under the
                      Pennsylvania 111(d)/129 Plan
------------------------------------------------------------------------
             Increments(s)                      Compliance date(s)
------------------------------------------------------------------------
Submit a final control plan............  On or before September 15, 2000
Award contracts for onsite               On or before April 15, 2001.
 construction, installation of on or
 before control equipment, or
 incorporation of process changes.
Begin onsite construction, installation  On or before December 15, 2001.
 of control equipment, or incorporation
 of process changes.
Complete onsite construction,            On or before July 15, 2002
 installation of control equipment, or
 incorporation of process changes.
Achieve final compliance...............  On or before September 15,
                                          2002.
------------------------------------------------------------------------

    The first increment of progress, the final control plan, must have 
been submitted to EPA (or the PADEP) on or before September 15, 2000. 
If you have submitted a final control plan to EPA with a compliance 
date extension request, it is now the responsibility of the PADEP to 
respond to your request and take appropriate action. Nevertheless, if 
your extended compliance schedule was submitted after September 15, 
2000, there is no expressed authority, under the provisions of either 
the Federal or Pennsylvania plan, to allow approval of such request by 
either EPA or PADEP.
    If your plan has been to shut down your HMIWI facility after August 
15, 2001, but no later than September 15, 2002, then you are subject to 
certain petition, compliance schedule documentation, and reporting 
requirements, as stipulated in the Federal plan (subpart HHH), 
Secs. 62.14471 and 62.14472. All petitions for allowing HMIWI 
operations after August 15, 2001 must have been submitted to the EPA 
(or PADEP) no later than November 13, 2000. See the Federal plan 
Sec. 62.14471, relating to compliance schedules. If your petition was 
submitted after that date, neither the EPA or the PADEP have the 
authority under the provisions of the Federal plan to approve a 
shutdown plan and schedule submitted after that date.
    Whether your final compliance date is (1) on or before August 15, 
2001, or (2) after August 15, 2001, but on or before September 15, 
2002, the initial performance test must be completed within 180 days 
after the date when you are required to achieve final compliance with 
all applicable emission limitations. Also, you must submit to PADEP the 
initial compliance report, including the results of the initial 
performance test, and the waste management plan no later than 60 days 
following the initial performance test.
    Further details regarding compliance schedule requirements can be 
found in the Federal plan, subpart HHH, Secs. 62.14470, 62.14471, and 
62.14472.
    Q. Are there any operational requirements for my HMIWI and 
emissions control system?
    A. Yes, there are operational requirements. In summary, the 
operational requirements relate to: (1) The HMIWI and air pollution 
control devices (APCD) operating within certain established parameter 
limits, determined during the initial performance test; (2) the use of 
a trained and qualified HMIWI operator; and (3) the completion of an 
annual update of operation and maintenance information, and its review 
by your HMIWI operator (s).
    Failure to operate the HMIWI and/or APCD within certain established 
operating parameter limits constitutes an emissions violation for the 
controlled air pollutant. However, as a HMIWI owner/operator, you are 
provided an opportunity to establish revised operating limits, and 
demonstrate that your facility is meeting the required emission 
limitation, providing a repeat performance test is conducted in a 
timely manner, as specified in your air quality permit and subpart Ce, 
Sec. 60.37e(b)(5).
    Consistent with the Federal plan requirements of Secs. 62.14425(b), 
on or before February 15, 2001, you were required to conduct an initial 
review of the training documents (e.g., operation and maintenance 
manual) with each operator on site under the provisions of 40 CFR 
60.34e and 60.53c(h), which also requires an annual update and review 
of the documentation. Also, under both the Pennsylvania and Federal 
plan compliance dates, beginning no later than August 15, 2001, a fully 
trained and qualified operator is required on site whenever your HMIWI 
unit is in operation. See the Federal plan Secs. 62.14425, 
62.14470(b)(1), and 6214471(b)(3). In order to be classified as a 
qualified operator, one must complete an appropriate HMIWI operator 
training course that meets the criteria referenced in 40 CFR part 60, 
subparts Ce and Ec, Secs. 60.34e and 60.53c, respectively.
    The Pennsylvania 111(d)/129 plan HMIWI air quality permits 
incorporate by reference all applicable operational requirements of the 
EG, subpart Ce, and the related NSPS, subpart Ec.
    Q. What are the testing, monitoring, recordkeeping, and reporting 
requirements for my HMIWI?
    A. Testing, monitoring, recordkeeping, and reporting requirements 
are summarized below. You are required to conduct an initial source 
(stack) test to determine compliance with the emission limitations for 
PM, opacity, CO, CDD/CDF, HCl, Pb, Cd, and Hg. As noted

[[Page 22358]]

above, the initial source test must be completed no later than 180 days 
after your final compliance date. Consistent with the EG, no initial 
compliance test is required for sulfur dioxide and nitrogen oxides. 
Nevertheless, both the PADEP and the EPA have discretionary authorities 
under existing state and Federal regulations to require, if deemed 
necessary, source tests for these pollutants. After the initial source 
test, compliance testing is then required annually (no more than 12 
months following the previous test) to determine compliance with the 
emission limitations for PM, opacity, CO, and HCl.
    As noted above, operating parameter limits are monitored and 
established during the initial performance test. Monitored HMIWI 
operating parameters include, for example, charge rate, secondary 
chamber and bypass stack temperatures. APCD operating parameters 
include, for example, CDD/CDF and Hg sorbent (e.g., activated carbon) 
flow rate, HCl sorbent (e.g., lime) flow rate, PM control device inlet 
temperature, pressure drop across the control system, and liquid flow 
rate, including pH.
    Recordkeeping and reporting are required to document the results of 
the initial and annual performance tests, continuous monitoring of 
site-specific operating parameters, compliance with the operator 
training and qualification requirements, and development of a waste 
management plan (WMP). Records must be maintained for at least five 
years.
    The Pennsylvania plan HMIWI operating permits incorporate by 
reference all the applicable testing, monitoring, recordkeeping, and 
reporting requirements of the EG and the related NSPS.
    Q. What must be included in my Waste Management Plan (WMP), and 
when must it be completed?
    A. In summary, your WMP must identify both the feasibility of, and 
the approach for, separating certain components of solid waste from the 
health care waste stream in order to reduce the amount of toxic 
emissions from the incinerated waste. Also, in developing your WMP, you 
must consider the American Hospital Association publication entitled 
``An Ounce of Prevention: Waste Reduction Strategies for Health Care 
Facilities.'' This publication (AHA Catalog No. 057007) is available 
for purchase from the American Hospital Association Service, Inc., Post 
Office Box 92683, Chicago, Illinois 60675-2683. For more details 
regarding these requirements see 40 CFR part 60, subpart Ec, 
Sec. 60.55c. Submittal of the WMP to PADEP (or EPA) is required no 
later than 60 days following the initial performance tests required 
under subpart HHH, Sec. 62.14432.
    Q. Is there a requirement for obtaining a Title V permit?
    A. Yes, if your HMIWI is an affected facility, you must have 
submitted a complete Title V application to the PADEP no later than 
September 15, 2000.

IV. Final EPA Action

    EPA is approving the Pennsylvania 111(d)/129 plan for controlling 
HMIWI emissions from designated facilities. This approval is based upon 
the rationale discussed above and in further detail in the TSD 
associated with this action. Also, EPA is approving PADEP's request for 
delegation of authority to implement and enforce the Federal plan 
increments of progress and compliance schedules for HMIWI, as codified 
at 40 CFR part 62, subpart HHH.
    As provided by 40 CFR 60.28(c), any revisions to the Pennsylvania 
plan or associated permits will not be considered part of the 
applicable plan until submitted by the PADEP in accordance with 40 CFR 
60.28(a) or (b), as applicable, and until approved by EPA in accordance 
with 40 CFR part 60, subpart B.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. This action simply reflects already existing Federal 
requirement for existing HMIWIs that are subject to the provisions of 
the Federal HMIWI 111(d)/129 plan. However, in the proposed rules 
section of this Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the 111(d) 
plan should relevant adverse or critical comments be filed. This rule 
will be effective June 17, 2002 without further notice unless the 
Agency receives relevant adverse comments by June 3, 2002. If EPA 
receives such comments, then EPA will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. The EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

V. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing 111(d)/129 plan submissions, EPA's role is to approve 
state choices, provided that they meet

[[Page 22359]]

the criteria of the Clean Air Act. In this context, in the absence of a 
prior existing requirement for the State to use voluntary consensus 
standards (VCS), EPA has no authority to disapprove a 111(d)/129 plan 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a 111(d)/129 plan submission, 
to use VCS in place of a 111(d)/129 plan submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 2, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action approving the Pennsylvania 111(d)/129 plan 
for HMIWI may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: April 25, 2002.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.

    40 CFR Part 62, Subpart NN, is amended as follows:

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart NN--Pennsylvania

    2. Amend Subpart NN-Pennsylvania, by adding the subheading and 
Secs. 62.9650, 62.9651 and 62.9652 after Sec. 62.9644 to read as 
follows:

Emissions From Existing Hospital/Medical/Infectious Waste 
Incinerators (HMIWIs)--Section 111(d)/129 Plans


Sec. 62. 9650  Identification of plan.

    Section 111(d)/129 plan for designated HMIWIs and the associated 
state issued air quality construction and operating permits, as 
submitted on October 26, 1998, amended December 3, 1999, May 4, August 
9, and October 22, 2001.


Sec. 62.9651  Identification of sources.

    The plan applies to all existing HMIWIs located in Pennsylvania, 
excluding Allegheny County, for which construction was commenced on or 
before June 20, 1996.


Sec. 62.9652  Effective date.

    The effective date of the plan is June 17, 2002.
[FR Doc. 02-10873 Filed 5-2-02; 8:45 am]
BILLING CODE 6560-50-P